Terms used in this chapter mean:

(1) “Account receivable cycle,” the period of time, not to exceed one hundred eighty days, during which the center may attempt to collect on a debt before the debt is forwarded to any collection agency in accordance with § 1-55-14;

Terms Used In South Dakota Codified Laws 1-55-1

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.

(2) “Center,” the obligation recovery center;

(3) “Debt,” a legal obligation to pay money, including any principal, any interest that has accrued or will accrue until the debt is paid, any penalties, any costs, and any other charges permitted by law. The term also includes any obligation of any kind referred to the center for collection by any agency of the state, the Unified Judicial System, the Board of Regents, a technical college supported by the state under § 13-39A-42, or a constitutional office;

(4) “Debtor,” a person who is indebted to the state or a state agency for any delinquent accounts, charges, fees, loans, taxes, or other indebtedness due the state, or any person that owes any obligation being collected by the center;

(5) “Bad debt,” any debt due an agency of the state, the Board of Regent’s system, any technical college supported by the state under § 13-39A-42, or a constitutional office that is no longer subject to an administrative appeal or judicial review following an administrative appeal, or any costs, fines, fees, or restitution ordered in any adult criminal proceeding through the Unified Judicial System no longer subject to direct appeal under § 23A-32-2;

(6) “Final notification,” the notification provided by § 1-55-7; and

(7) “Referring entity,” the entity referring the debt to the state obligation recovery center for collection.

Source: SL 2015, ch 14, § 2; SL 2019, ch 13, § 1; SL 2020, ch 61, § 32.